ALL STAFF TO BE APPOINTED ON MERIT (Hansard, 13 June 1989)

§ Mr. Paul Murphy (Torfaen)
I beg to move amendment No. 140, in page 10, line 7 at end insert— '(aa) section 15 of the Disabled Persons (Employment) Act 1944 and Section 3 of the Disabled Persons (Employment) Act 1958 (Provision of Sheltered Employment by Local Authorities)'.

Mr. Deputy Speaker
With this it will be convenient to take the following amendments: No. 141, in page 10, line 18 after 'qualification'. insert— `(ee) section 11 of the Mental Health (Scotland) Act 1984 (Training and Occupation of the Mentally Handicapped)'. No. 142, in line 21 at end insert— '(2A) Nothing in this section shall affect the selection of any person for a place on a sheltered placement scheme, nor the appointment of any person made in accordance with a scheme maintained by an authority for the purpose of promoting the employment of persons with a mental or physical disability.'

§ Mr. Murphy
This group of amendments deal with the employment of people with a mental handicap. Their purpose is to clarify the fact that nothing in clause 7, which deals with appointments on merit, will cut across sheltered placement schemes or positive employment policies which are geared to the disabled and to those with a mental handicap or an impairment.
The requirement in the clause to appoint staff purely on merit threatens to make it unlawful for local authorities to adopt any policy of positive discrimination towards people who are disabled or mentally impaired. Such policies recognise that disabled people face difficulties in gaining employment, even when there are jobs available which they could do. Apart from conscious and unconscious prejudice, difficulties arise because the disabled person may not, in the past, have had access to the same educational and employment opportunities as a person without a disability, or because the disabled person may require some additional training to perform the job successfully.
A number of local authorities have adopted policies to help disabled people to overcome these sometimes serious problems and disadvantages. Legislation such as the Disabled Persons (Employment) Act 1944 and the Disabled Persons (Employment) Act 1958 recognises that 793 local authorities have a role to play in increasing employment opportunities for disabled people. Some authorities have a responsibility as social work or social service authorities. Finding employment often reduces the reliance on statutory welfare services and can be seen as a cost-effective way of assisting disabled people.
Section 15 of the Disabled Persons (Employment) Act 1944, which is referred to in the amendment, states that facilities may be provided to enable handicapped or disabled people to gain employment. The 1958 Act allows local authorities to make arrangements for the provision of facilities for the same purpose.
Facilities provided under those powers involve the local authority in employing disabled people. For example, under the sheltered placement schemes, to which I have referred, a business agrees to provide work for a disabled person. It receives a proportion of the standard rate for the job, based on the output of the disabled person compared with the, so to speak, ordinary employee. The balance is met by the sponsor, which is often a local authority.
The crucial point is that the sponsor is the legal employer of the disabled person. If clause 7 is to have the effect intended by the Government, it must be taken to mean that jobs are to be given to those best able to do them. Clearly, that is inconsistent with such schemes whose purpose is to provide employment for people who cannot perform jobs as well as others. Since the Government support sheltered employment and, I am sure, positive discrimination towards disabled people employed by local authorities, it would seem that such a failure is an oversight. I hope that when he replies the Minister will recognise it as such.

§ Mr. Matthew Taylor
This is an important point which has caused concern for those involved. I cannot believe that the Minister intended the clause to have the effect described by the hon. Member for Torfaen (Mr. Murphy). Therefore, I hope that he will either accept the amendments or clarify in specific terms why people with disabilities will not be affected in the way suggested. To a layman at least, it appears that the clause would have that effect. I do not know what a lawyer would make of it. I do not think that there will be any party political controversy on this point, but it is causing concern and I hope that the Minister will make it clear to the House that the clause will not affect disabled people in the way that has just been outlined.

§ Mr. McAllion
Amendment No. 141 deals with section 11 of the Mental Health (Scotland) Act 1984, which involves the training and occupation of the mentally handicapped. It places a duty on local authorities to provide or secure the provision of suitable training in an occupation for the mentally handicapped.
In the past, we have tended to concentrate on training for disabled people, but there is a growing recognition that genuine employment is the key to great advances for those suffering from mental handicap. A number of innovative schemes, all of which will be prejudiced unless the amendment is accepted, are being implemented by local authorities. It would then be legally impossible to employ the mentally handicapped if employment by merit had to be applied strictly and legally. I hope that the Minister will look at the amendment sympathetically.

§ Mr. Gummer
First, let me assure the House that it is not the Government's understanding that the provisions 794 will have the effect that certain people fear. Clause 7(2) makes it clear that the general provision will have effect subject to certain existing statutory provisions designed to protect particular groups, many of which have been mentioned. The hon. Gentleman has just referred to the Scottish provisions.
I have no doubt that people need have no worries. If anyone has any further anxieties, however, I shall be happy to consider them, and if there is any question that the clause will do other than what we expect it to do I shall be glad to see whether an amendment is necessary. If hon. Members wish to withdraw their amendments, certain aspects of which will cause difficulties, I shall be happy to produce an amendment to deal with any problems, although I do not expect any.

§ Mr. Murphy
I am grateful for those assurances, on the basis of which I beg to ask leave to withdraw the amendment.